Matter of Sharpe v Fischer

Matter of Sharpe v Fischer 2010 NY Slip Op 09834 [79 AD3d 1825] December 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

In the Matter of Tim Sharpe, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.

—[*1] Tim Sharpe, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Dennis F. Bender, A.J.], entered July 23, 2010) to review separate determinations of respondent. Respondent determined, after a tier III hearing that petitioner had violated an inmate rule and further determined that petitioner should not be paroled.

It is hereby ordered that the determinations are unanimously confirmed without costs and the petition is dismissed. Present—Martoche, J.P., Fahey, Carni, Lindley and Sconiers, JJ.